Below Mumbai HC judgment explains the concept of constructive desertion on part of a spouse which can enable other spouse to get divorce on grounds of desertion as defined under Hindu marriage act (HMA) 1955. What constructive desertion in this case means is that if one spouse throws the other out of house, then the other spouse can get divorce on grounds of desertion by first spouse. Now, even though on the face of it, it seems as if second spouse was the one who has deserted the first. Easy to understand? This one is suited for legal minds! Below …[Continue Reading]

From this recent Punjab and Haryana HC judgment, the court is of opinion that mere filing of criminal case by woman does not amount to cruelty for purpose of granting divorce to husband. Basically it is only after prosecution is in progress and evidences given to disprove allegations that cruelty can be established. http://indiankanoon.org/doc/439871/ Learned counsel for the appellant also contended that theregistration of FIR Ex.P.6 under sections 406/498-A/323/506 IPC itself amountsto cruelty because false allegations have been levelled in the complaint. Thisplea again deserves to be noticed to be rejected as the criminal case is stillpending and it is …[Continue Reading]

Here is another news of rejection of maintnenace demanded by wife the woman had a monthly salary of Rs 19,000, while husband had monthly pay of Rs 62,000. According to my reading of news it was maintenance demanded under HMA Section 24 during divorce proceedings. The petitioner had sought alimony of Rs 1 lakh per month from her estranged husband. Earning women can’t get alimony for ‘unjust enrichment’: court Excerpted from news story: Dismissing the maintenance petition of a woman employed with a government school, Additional District Judge Rajender Kumar Shastri said the legal provisions are aimed at providing financial …[Continue Reading]

Dismissing the concept of women being the “weaker sex” and urging them to work rather than being dependent on their “pati parmeshwar”, a district court rejected the plea of a woman seeking maintenance from her mentally disturbed and unemployed husband. Read full news below:Court dismisses ‘weaker sex’ pleaNot sure if the application was filed under HMA or CrPC 125, but in any case this means that women who are more qualified than their husbands should start thinking of moving their butts and start earning rather than hoping their husband will be their protector and provider for all time to come.

SC Judgment under article 142 of constitution on divorce granted to husband due to irretrivable breakdown of marriage, and basically the fact that wife withdrew consent on mutual divorce agreement AFTER she had got the property from husband as per agreement. Lesson here for men is: make the mutual divorce agreement an airtight and foolproof agreement that can be done as a single, simultenous operation,i..e, all conditions are met on both sides otherwise nothing doing. ——————————————————–SUPREME COURT OF IND IA RECORD OF PROCEEDINGS CIVIL APPEAL NO 5952 OF 2009 (Arising out of SLP (C ) No.14361 of 2007 ANIL KUMAR …[Continue Reading]

ReportableIN THE SUPREME COURT OF INDIACRIMINAL ORIGINAL JURISDICTIONCRL.M.P.NO. 3401 OF 2009INWRIT PETITION (CRL.) NO. 112/2007V. Ravi Chandran …PetitionerVersusUnion of India & Ors. …RespondentsORDERR.M.LODHA, JShould Central Bureau of Investigation be requested totrace the minor child Master Adithya Chandran in the Habeas Corpuspetition filed by the father is the question presently before us?2. Dr. Ravi Chandran –petitioner and Vijayashree Voora –respondent no. 6 got married on December 14, 2000 at Tirupathi,Andhra Pradesh according to Hindu rites. On July 1, 2002, a son –Adithya was born out of the wedlock in United States of America .The matrimonial discord arose between the petitioner and …[Continue Reading]

In this judgment about abducted by parent/missing child brought from US to India, the SC has directed CBI to trace the child and produce before court in habeas corpus petition. Full judgment is available here. Relevant excerpt from judgment where SC comes to decision to direct CBI to trace the child. This is a good judgment against parents who abduct children from US to India and try to hide behind the slow (or maybe dysfunctional) justice system in India. 13. From the narration of aforesaid facts, it is abundantly clear that despite efforts made by police officers and officials of …[Continue Reading]

From MOIA document at this link: http://www.498a.org/contents/publicity/MOIA_government.doc Any property or gift given to a woman before, at the time of marriage or later is her property May be gifted by anyone, even in-laws, friends She alone has the right to gift, will or dispose of her property as she desires No one else has a right on it Anyone who has a woman’s streedhan in her/his custody should return it to the actual owner within a stipulated time period If the trustee disposes of her property without her willing so the offender will be punished with imprisonment and fine If …[Continue Reading]

It is possible according to this case in Delhi: Woman to pay alimony to sick husband Now in above case the application for alimony was made by wife and not husband. However based on merits of case the court decided that it was the ill husband who was without any means to support himself or take care of his illness, and so he was granted Rs 500 / month as alimony from wife. Is it legal? Yes it is! The Hindu Marriage Act (HMA) 1956 clause 24 says this for maintenace during divorce proceedings: 24. Maintenance pendente lite and expenses …[Continue Reading]

Refer to judgment at link below. Interestingly, marriage was nullified in this case within 1 year of marriage on grounds of epilepsy of wife. Family court says no provision to return marriage expenses. http://indiankanoon.org/doc/462782/ Another judgment below, this is about genuine fraud committed on wife/family. The award was 1 lakh instead of 15 lakh demanded by wife. Wife demands 15 lakh, gets Rs 1 lakh compensation for husband/party not disclosing his impotence before marriage